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Patna High CourtCR. MISC./50059/2023allowed

Mritunjay Kumar v. The State Of Bihar

2023-08-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50059 of 2023 Arising Out of PS. Case No.-99 Year-2023 Thana- TARAIYA District- Saran ====================================================== Mritunjay Kumar Son Of Siv Kumar Singh Resident Of Village - Kasimpura Dadhi, P.S. - Athmalgola, Distt. - Patna ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prashant Kumar For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 395 of the Indian Penal Code.

As per prosecution case, the allegation against unknown miscreants is that they boarded on a Scorpio came and on pistol point snatched the key of the Scorpio of the informant and fled away with alleged vehicle. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused. Neither the petitioner

Patna High Court CR. MISC. No.50059 of 2023(2) dt.11-08-2023 2/2 is named in the FIR nor he was put on TIP. It is further submitted that nothing looted article has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 02.05.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bihpur P.S. Case No. 156 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-Ist Saran at Chapra.

(Sunil Kumar Panwar, J) Manishkumar/- U T